Ceremonial Matters: In addition to those items listed on the agenda, the
Mayor may add additional ceremonial matters.

Proclamation celebrating the 24th Anniversary of Bay Area Hispano Institute
for Cultural Advancement.

Comments From The City Manager: The City Manager may make announcements or
provide information to the City Council in the form of an oral report. The Council will
not take action on such items, but may request the City Manager place a report on a future
agenda for discussion.

Comments From The Public: A total of thirty (30) minutes is scheduled. Each
speaker is limited to a maximum of three (3) minutes.

Youth Forum: A total of fifteen (15) minutes is designated to allow youth an
opportunity to address the Council. Each speaker is limited to a maximum of three (3)
minutes.

Council Action: The City Council may take action related to any subject listed
on the Agenda.

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior
to voting on the Consent Calendar. All items remaining on the Consent Calendar will be
approved in one motion. Items removed from the Consent Calendar will be taken up after the
"Action Calendar" unless the Council reorders the agenda.

1. Confirming Actions Taken by the City Manager During Spring Recess:
a. Contract Amendment: Marina Rehabilitation, F & G Dock
Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract
with Vortex Diving, Inc. for Marina Rehabilitation, F & G Dock replacement, by
increasing the amount $68,000 for a total not to exceed $2,181,895 for the period April 14
to July 1, 1999.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

b. Contract: Traffic Collision Identification Analysis Study
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract
and any amendments with Kimley-Horn and Associates, Inc. to provide traffic engineering
services by conducting a Traffic Collision Identification Analysis Study and providing
agreed-up computer software to computerize the City's accident analysis procedures in an
amount not to exceed $40,000 for the period April 1, 1999 to September 30, 1999.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

c. Contract: Wildcat Canyon Road Slide Report, Site 2
Recommendation: Adopt a Resolution accepting the bid of Clemens Construction Company
Inc., and authorizing the City Manager to execute a contract and any amendments in an
amount not to exceed $250,494 for permanent repair of landslides at 610 Wildcat Canyon
Road, Site 2 for the period April 30, 1999 to August 30, 1999.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

2. Needle Exchange Emergency DistributionFrom: City Manager
Recommendation: Adopt a Resolution reviewing and confirming the continued existence of
a local emergency with regard to HIV transmission from use of HIV-infected needles among
injection drug users, and authorizing the Director of Public Health to take steps to
enable the operation of needle exchange emergency distribution.
Contact: Manuela Albuquerque, City Attorney, 644-6380 Adopt a Resolution reviewing and confirming the continued existence of
a local emergency with regard to HIV transmission from use of HIV-infected needles among
injection drug users, and authorizing the Director of Public Health to take steps to
enable the operation of needle exchange emergency distribution.
Contact: Manuela Albuquerque, City Attorney, 644-6380

5. Lawsuit Settlement: Ronald McGrew
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Attorney to settle lawsuit
entitled Ronald McGrew v. City of Berkeley, Case No. C1997-1990 MMC in the United States
District Court for the Northern District of California, and related claims including for
attorneys fees and costs, in the amount of $35,000.
Contact: Manuela Albuquerque, City Attorney, 644-6380

7. Contract Amendment: Civic Center Seismic Upgrade Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an
amendment to the contract with the law firm of Wulfsberg, Reese, Ferris & Sykes, P.C.,
increasing the expenditure limit to an amount not to exceed $59,950 for legal services
related to the Civic Center Seismic Upgrade Project.
Contact: Manuela Albuquerque, City Attorney, 644-6380

8. Contract Amendment: Public Safety Building Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an
amendment to the contract with the law firm of Wulfsberg, Reese, Ferris & Sykes, P.C.,
increasing the expenditure limit from $49,000 to an amount not to exceed $52,000 for legal
services related to the Public Safety Building project.
Contact: Manuela Albuquerque, City Attorney, 644-6380

9. Amend Traffic Ordinance regarding Employee Parking
From: City Manager
Recommendation: Adopt first reading of Ordinance amending Sections 2.4(d) and 2.4(e)
of the Traffic Ordinance (Ordinance 3262-N.S., BMC Title 14.08.060) making the exemptions
contained in said sections subject to the provisions of the Administrative Regulation on
Employee Parking Policies issued by the City Manager.
Contact: Manuela Albuquerque, City Attorney, 644-6380

14. Grant Application: Toilet and Shower Facility at Berkeley Marina Boat Launch
From: City Manager
Recommendation: Adopt a Resolution authorizing submission of a grant application in
the amount of $290,000 to the State Department of Boating and Waterways for a new toilet
and shower facility at the Berkeley Marina Boat Launch and authorizing the City Manager to
execute an agreement and any amendments.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

15. Donation for Memorial Benches in Cesar Chavez Park
From: City Manager
Recommendation: Adopt a Resolution accepting donations in a total amount of $2,400
from Lesa and Andrew Mayes and Dolores Taller for two memorial benches to be placed in
Cesar Chavez Park at the Berkeley Marina.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

17. Police Vehicles Purchase
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to negotiate the
purchase of five used vehicles in an amount not to exceed $72,000 from one or more
vendors, without using the formal bid process.
Contact: D. E. Butler, Police Department, 644-6568

19. Contract: Sanitary Sewer Project
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary
Sewer Project located at Grant Street, Bonita Avenue, Berkeley Way, Channing Way, Spruce
Street and San Luis Road; accepting the bid of McNamara and Smallman Construction, Inc.;
and authorizing the City Manager to execute a contract and any amendments in an amount not
to exceed $1,223,306, for a period of 210 calendar days.
Contact: Andreas Campos-Kreutzer, Public Works, 665-3439

21. Contract: Uniform and Laundry Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract
and any amendments with Aramark Uniform Services to provide rental and laundry of uniforms
for the City on a month-to month basis for a period of three years in an amount not to
exceed $375,000.
Contact: Frances David, Finance Department, 644-6630

22. Window Bar Ordinance Amendment
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code
Chapter 19.28.020 and 19.48.020 (Ordinance No. 6406-N.S.) Building and Fire Codes to
Require Retrofitting of Dangerous and Illegal Bars on Sleeping Room Windows by extending
the period of the fee waiver to October 15, 1999.
Contact: Reginald Garcia, Fire Department, 644-6665

23. Grant Application: Summer Food Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit an
application to the California State Department of Education, Child Nutrition and Food
Distribution Division for approximately $83,690 in revenue, for a Summer Food Service
Program for children, and to execute the resultant agreement and any amendments for the
period June 14, 1999 to October 22, 1999.
Contact: Fred Medrano, Health and Human Services, 665-6789

24. Tobacco Use at Tot Lots (CR 98-91)
From: City Manager
Recommendation: 1) Request the Parks and Recreation Commission and the Parks and
Waterfront Department to consider an amendment to Berkeley Municipal Code (BMC) Chapter
6.32, Parks Use Restrictions, to change the hours of operation of tot lots to 8:00 a.m. to
sunset which would impose a curfew on tot lots from sunset to 8:00 a.m.; and 2) Request
the Parks and Waterfront Department post signs with language approved by the Health
Officer warning parents of the danger of ingesting tobacco and asking visitors not to
smoke in the tot lot areas.Contact: Fred Medrano, Health and Human Services, 644-6459

25. Contract: Southside/Downtown Transportation Demand Management Study
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract
and any amendments with Nelson/Nygaard Associates in an amount not to exceed $100,000 for
the period ending June 30, 2000, for the Southside/Downtown Transportation Demand
Management Study.
Contact: Liz Epstein, Planning and Development, 705-8105

27. BART Bathrooms for Public Use
From: Councilmember Armstrong
Recommendation: Request the City Manager contact the BART Board of Directors and
Berkeleys representative Roy Nakadegawa, asking if BART would work with the City to
reconfigure the station entrance at the Downtown Berkeley BART Station so that BART
bathrooms would be available to the general public.
Contact: Polly Armstrong, Councilmember District 8, 644-6401

28. Proclamation: KPFA Day
From: Councilmember Spring
Recommendation: Adopt a Resolution proclaiming April 15th as KPFA Day and
50th Anniversary and of being the first listener-sponsored radio, and the
genesis for community radio and the Pacifica network.
Contact: Dona Spring, Councilmember District 4, 644-6266

32. Traffic Bollards
From: Councilmembers Maio, Breland, and Spring
Recommendation: Direct the Traffic Engineer recommend the appropriate number and
locations of traffic bollards needed to calm traffic in neighborhoods that are in the
greatest need, and report back for the budget process.
Contact: Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember
District 2, 644-6400; Dona Spring, Councilmember District 4, 644-6266

33. Extended Day Program Funding
From: Councilmember Maio
Recommendation: Refer to the budget process a request for $30,000 for continued
funding of Extended Day Programs previously approved by Council.
Contact: Linda Maio, Councilmember District 1, 644-6359

34. Street Sweeping Parking Citations
From: Mayor Dean
Recommendation: Ask the City Manager to complete as soon as possible a report
previously requested by Council on November 18, 1997 on the feasibility of early warning
devices so as to limit parking citations issued in conjunction with street sweeping.
Contact: Barbara Gilbert, Mayors Office, 644-6484

36. Support AB 18: $1.5 Billion Bond Proposal for Urban Parks
From: Mayor Dean
Recommendation: Support AB 18 which would place a $1.5 billion urban parks, clean
water, and coastal protection bond on the March 2000 ballot and notify Assemblymembers
Villaraigosa and Kelley, Berkeleys lobbyist, representatives in Sacramento, and
other Bay Area Mayors urging them to take similar action.Contact: Jennifer Drapeau, Mayors Office, 644-6484

38. Establish Task Force on Animal Care and Control Policy
From: Mayor Dean and Councilmembers Spring and Olds
Recommendation: 1)Adopt a Resolution establishing a temporary one-year Animal
Care and Control Policy Task Force and appointing Mayor Dean, Councilmembers Spring and
Olds, two members of the Citizens Humane Commission and a staff representative selected by
the City Manager. Task Force to: a) assess current City policies, programs and facilities
for the care and control of stray animals, including how such services are delivered
within the Citys organization, b) study potential impacts on existing programs and
facilities from new State legislation such as the Hayden Bill and others, c) identify
future private funding opportunities and possible private/public partnerships, and d)
develop policies which will update City services and programs to comport with recent State
legislation, best practices and humane considerations; 2) Refer to the City Manager the
enactment of a temporary phone-before-kill policy and request a report back on April 20th
of staffs response to the adoption of this temporary policy. Such policy to be in
effect during the term of the Task Force, the enactment of a different policy, or a
determination by the Council on the retention of the current policy regarding the
euthanasia of stray animals; and 3) request the Task Force make an interim report back to
the Council in no more than 60 days on the matter of a spay and neuter ordinance.
Contact: Shirley Dean, Mayor; Dona Spring, Councilmember District 4, 644-6266; Betty Olds,
Councilmember District 6, 644-6399

39. Waive Fees for Pro Arts Open Studios Event
From: Councilmember Worthington
Recommendation: Adopt a Resolution waiving all fees, including use of the West
Berkeley Senior Center, courtyard, and side rooms, on June 5th-6th
and June 12th-13th; allowing an exemption to Berkeley Municipal Code
(BMC) Section 20.24.040 to hang a banner; and allow artists to set up displays the Friday
before each weekend.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

40. Waive Fees for the First Annual Berkeley World Music Festival
From: Councilmember Worthington
Recommendation: Adopt a Resolution waiving all fees, including fees for event, food,
sound permits, insurance fees and police reserve fees associated with the First Annual
Berkeley World Music Festival on May 2nd; allowing an exemption to Berkeley
Municipal Code (BMC) Section 20.24.040 to hang a banner across Telegraph Avenue (at
Durant); approve in-kind services of eight portable toilets (including three handicap
accessible toilets), the hanging of banners, 20 trash cans with liners, dumpster and Solid
Waste Services, and traffic signage and traffic engineering for the closure of Durant at
Telegraph and Bowditch.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

41. Proclamation: Elizabeth Rothchild Day
From: Councilmember Worthington
Recommendation: Proclaiming April 17th as Elizabeth Rothchild Day for her
efforts in community and social awareness events and present a proclamation at the
Earthquake Preparedness Training on April 17, 1999.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

42. Proclamation and Waive Fees for the East Bay Women for Peace March
From: Councilmember Worthington
Recommendation: Adopt a Resolution waiving all permit fees for the Women for Peace
March on May 9, 1999, and approve a proclamation proclaiming May 9th as a day
to advocate peace and celebrate the mothers, grandmothers and families in Berkeley.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

43. Proclamation and Co-Sponsor Berkeley Grassroots Greening Tour
From: Councilmember Worthington
Recommendation: Co-sponsor the Berkeley Grassroots Greening Tour scheduled for May 22,
1999 as part of the 5th Annual Bay Area Open Garden Weekend to help promote the
tour; authorize an electric bus tour of Berkeley's school gardens; and proclaim May 22,
1999 as Open Garden Day in Berkeley.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

47. Y2K Concerns
From: Peace and Justice Commission
Recommendation: Send a letter to the President of the University of California and the
Board of Regents describing its concern as to the preparedness of all nuclear weapons work
in which the University of California is engaged to meet the standards required for safety
with the Y2K problem.
Contact: Manuel Hector, Secretary, 644-6469a.City Manager Report
Recommendation: City staff has met with officials from Lawrence Berkeley National
Laboratory (LBNL) and U.C. Berkeley on Y2K issues. Both entities seem well prepared to
address Y2K problems. Staff will communicate the Commissions concerns with officials
from U.C. and LBNL.Contact: Fred Medrano, Health and Human Services, 644-6459

48. Appointment of Council Liaison to the Community Health Commission
From: Community Health Commission
Recommendation: Adopt a Resolution appointing Councilmember Margaret Breland as
Liaison to the Community Health Commission for a term to expire November 30, 2000.
Contact: Verdie Thompson, Secretary, 644-6496a.City Manager Report
Recommendation: That Council appoint a Council Liaison to the Commission.
Contact: Fred Medrano, Health and Human Services, 644-6459

49. Disapproval of 1.3% COLA to Social Security
From: Commission on Aging
Recommendation: Send a letter to President Clinton voicing disapproval of the 1.3%
cost-of-living adjustment (COLA) for Social Security recipients.
Contact: Effie Burgess, Secretary, 644-6459a. City Manager Report
Recommendation: The City Manager takes no position on this subject.
Contact: Fred Medrano, Health and Human Services, 644-6459

50. Cancellation of Peralta Community College Classes
From: Commission on Aging
Recommendation: Send a letter to Albert Harrison, Chancellor, Peralta Community
College District, protesting the decision to cancel the Art History and Dramatic
Literature classes scheduled by Merritt College at the North Berkeley Senior Center, and
requesting that the classes be reinstated for the Fall.
Contact: Effie Burgess, Secretary, 644-6459a. City Manager Report
Recommendation: The City Manager takes no position on this subject.
Contact: Fred Medrano, Health and Human Services, 644-6459

51. Request U.S. Senators Ratify the Kyoto Protocol
From: Community Environmental Advisory Commission
Recommendation: Request the City Manager write to Senators Feinstein and Boxer to
ratify the Kyoto Protocol in the United States Senate.
Contact: Nabil Al-Hadithy, Secretary, 705-8155a.City Manager Report
Recommendation: Concurs with the content and recommendations of the Commission.
Contact: Liz Epstein, Planning and Development, 705-8105

52. Underhill Area Master Plan Environmental Impact Report (EIR) Alternatives
From: Transportation Commission
Recommendation: Request the University of California to fully study the following
alternatives in its EIR on the Underhill Area Master Plan: 1) an Integrated
Parking/Transportation Demand Management (TDM) alternative which adds no net new parking;
and 2) an All Housing Alternative which would use the whole site for housing, not parking.
Contact: Nathan Landau, Secretary, 705-8136a. City Manager Report
Recommendation: Concurs with the content and recommendations of the Commission.
Contact: Liz Epstein, Planning and Development, 705-8105

53. Sewer Capital Program
From: Public Works Commission
Recommendations: Approve Fiscal Year 2000/2001 budget recommendations:1)
prepare and annual update a five-year plan for the Sewer Program; 2) analyze the current
level of overhead and indirect costs and develop recommendations; 3) provide annual or
semi-annual reporting of Capital and Operations activities and Sewer Fund health status;
and 4) analyze the historic uses of the Sewer Fund and develop policy recommendations.
Contact: Ted Gartner, Chair, 644-6506a. City Manager Report
Recommendation: Concurs with content and recommendations of the Commission.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

Presentations

54. Presentation: Update on Transportation Planning by AC Transit
for the College/Telegraph Corridor

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments
Board to deny a Use Permit and Variance to Grace Chizar, applicant, to 1) construct a
20-unit apartment building which exceeds three stories and thirty-five feet to four
stories, and covers 53% of the site where a maximum of 35% is permitted for a four-story
building at 2025 Channing Way and dismissing the appeal.

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments
Board approving a Use Permit to Kava Massih to renovate a building and establish a school
at 150 Berkeley Square for approximately 200 students in an existing 8,350 square foot
building, and expanding its gross floor area approximately 3000 square feet by enlarging
an existing mezzanine, constructing a new third floor and projecting the upper floors into
the City right-of-way, and dismissing the appeal by the Berkeley Architectural Heritage
Association.
Contact: Liz Epstein, Planning and Development, 705-8105

NOTE: The time limit within which to commence any lawsuit or legal challenge to any
quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of
Civil Procedure, unless a shorter limitations period is specified by an other provision.
Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision
made by the City must be filed no later than the 90th day following the date on
which such decision becomes final. Any lawsuit or legal challenge, which is not filed
within that 90-day period, will be barred.

60. Approval of Council Minutes
From: City Manager
Recommendation: Approve the minutes for the meeting of June 23, 1998 as revised
through discussions with Mayor Dean and Councilmembers Maio and Spring.
Contact: Sherry M. Kelly, City Clerk, 644-6480

New Business:

61. Ordinance: Prohibiting Certain ATM Fees (CR #99-27)
From: City Manager
Recommendation: That Council determine whether it wishes to adopt first reading of an
Ordinance prohibiting financial institutions from imposing a surcharge on non-account
holders who use Automatic Teller Machines.
Contact: Manuela Albuquerque, City Attorney, 644-6380

62. Scheduling Special Council Budget Meetings
From: City Manager
Recommendation: 1) Approving Special Council Meetings on April 22nd from
5:30 to 7:30 p.m. for the purpose of presenting the City Managers Proposed Biennial
Budget for Fiscal Years 2000 and 2001; and 2) Consider scheduling a series of Special
Worksessions on successive Thursdays through May to discuss individual areas of the
proposed budget.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

63. Civic Center Options
From: City Manager
Recommendation: 1) Adopt a Resolution approving the inclusion of the sixth floor
expansion, replacement of stair tower windows and the operable transoms for a total of
$1,015,000 and as many optional adds to the Civic Center Project as can be funded -within
the current and future FEMA grants without increasing the Citys General Fund
contribution; and 2) The options contained in the report are in priority order.
Contact: Rene Cardinaux, Capital Projects, 644-6580